H1B transfer - working with old employer

[sjreddy555]

Hello
I am working with company A and filed for a H1 transfer to company B in premium processing. I joined Company B with the receipt notice and worked for a week, and got a "Request For Evidence". Now I have a question,

If I decide to continue to work with my old employer, Company A, irrespective of whether the transfer is accepted or denied, is it legal?

This is urgent, can you please clarify.

[shervin143]

The best option is to leave the country and return back on Company A's petition and a valid H1B visa.

[sjreddy555]

I already have a valid visa from Company A. I still have to go out of country and reenter?

[kabkaba]

I think you don't. If employer A has not revoked their petition and your I-94 corresponding to that petition has not expired, you can work for A.

[sjreddy555]

Yes, they have not revoked my petition. So I have a valid 797, I94 and visa...

So I think I should tell Employer B that I want to continue with Company A and just leave the H1B transfer.

Even if the transfer is approved or rejected, can I continue to work for A?

[shervin143]

Read this thread. You cannot just go back to employer A without they paying you for the period that you were not working or without leaving the country and re-entering back on their petition.
http://www.immihelp.com/forum/showthread.php?t=85931

[txh1b]

If you go back to the old employer, B's petition gets withdrawn or denied, the employment for B may be considered illegal.

If not too much time has gone past from leaving employer A, you will get paid from the day you return to A, it is possible to go back and work for A by accepting the risk of having to explain during GC if questioned if scrutinized closely.

As earlier said, there are issues with this approach but certainly doable.

[suee]

Working with old employer

Hello
I am working with company A and filed for a H1 transfer to company B in premium processing. I joined Company B with the receipt notice and worked for a week, and got a "Request For Evidence". Now I have a question,

If I decide to continue to work with my old employer, Company A, irrespective of whether the transfer is accepted or denied, is it legal?

This is urgent, can you please clarify.

Hi!
Can i ask you what was the outcoming of your case back in 2011!??
Were you able to go back and legally work with your previous employer??
Thank you
Zsolt